Ashraf,

During a project, do you ever do "what if" programmes? eg, you receive a variation or some other event and you impact what you believe to be the effect of that event on the programme to find out what it’s effect is.

TIA(UK) - hey should I trademark that! (see other threads) is basically doing this retrospectively for the whole job starting at the beginning and working through the project, event by event.

Shina

May I direct you to www.eotprotocol.com

You can download the Society of Construction Law’s Delay and Disruption Protocol. It is a good start for ’novices’ and it will give you some ideas about when you can use the different analysis methods.

You might find the Time Impact Analysis described in the Protocol different to the method Heather describes. Most conversation in this forum, when talking about TIA, reflects the protocol method. I might be wrong but I believe the SCL and it’s Protocol are more widely acknowledged and known around the world than MCDS – though Heather is making a good go of redressing that!

We tend to refer to Heather’s method as ’Windows’ or ’Timeslice’. The major difference is that our ’Time Impact Analysis’ focuses on individual events, causation and effect whereas ’Windows’ tend to focus on time periods followed by expert deduction about what happened in that period.

In my opinion, for what it’s worth, Time Impact Analysis is useful for discrete events whereas Windows is more useful for multitudinous events.

Regards

David

Shina,

Dont mentioned concurrent delay.

Always claim that you were denied access that form the basis of your claims.

Cheers,

Charlie

Let’s take it this way,

A Access to Contractor by Client
B Contractor’s work
C Material Delivery by Client

Since the main delay is caused by late delivery of material, I would rather concentrate on this issue only.

Plan: The planned programme will show Activity B starting after milestones A and C.

Actual Plan: Show Milestone A completed only when the full acc was available (latest one). Milestone C when the material was delivered.
Then make an EoT claim for the full duration. It is all Cleint’s responsbility.

If the EoT is not granted and you accept thier decision (which I doubt), then Cleint can claim LD. Otherwise they can claim LD only if you delay your work beyond the new target date.

Just hoping that somewhere in your correspondence lies the ‘silver bullet’ that some terribly smart Claims Consultant will find to prove beyond a shadow of a doubt that you were right and everyone else was wrong is what keeps Las Vegas so vibrant. Forget it. This is not going to happen. Instead you should,

1) Educate yourself as to construction contract law.

2) If you don’t do your own surveying, then don’t do your own scheduling. Hire an expert.

3) Ask the advice of a claims consultant – or better yet; set up a positive program to establish and document your current situation in a way that will maximize your chance for recovery.

I cannot tell you the number of times people who are otherwise extremely capable of running a construction project in a cut-throat environment come to me after a disastrous project and act like deer caught in the headlights of an oncoming car.

I do not feel sorry for parents who never provided for their children with insurance and are now stuck with medical bills that they cannot handle. I do not feel sorry for contractors that always though that the scheduling specifications were something that you could ignore with impunity.

Liquidated damages is not something that you negotiate at the end of the project. It is cut-and-dried. The number of days late times the LDs is what you owe. Anyone trying to tell you different is charging by the hour and you are the sucker who will foot the bill.

This is not rocket science. You cannot wish expertise into existence. Contractors are not Lawyers. Contractors are not Surveyors. Contractors are not Schedulers. Contractors are not Claims Consultants. Stop pretending that you can do these things in addition to running a construction project. Stop hoping that everything will work out fine if you ignore it long enough. Stop being a victim.

I agree with Anil.

If you take it in simple terms, contractor will only be entitled for 3 months extension of time and 3 months loss and expense. Provided the actual completion is Justifiable and complete within a reasonable time. Contractor has an obligation to take all steps reasonably to mitigate the delay even if the access is late from the client and can claim for any acceleration costs involved.

Other things as mentioned by Anil can also happen but subject to proof. Contractor has to inform the client.

If the contractor has done his work on time and has been ideal 5 months due to delayed site possession. He likely is entitled for 5 months extension of time and the loss and expense for that period but above said contractor obligation will still apply.

Regards

Dinesh Kumar